Failure to pay arrears results in striking off defense under rental control laws.

JUDGMENT SOUMEN SEN, C.J .

Heard Mr. R. Parthasarathy, learned counsel for the revision petitioner and Mr. P.K. Mohamed Jameel, learned counsel for the respondent.

2. This revision is arising out of the judgment dated

18.01.2025 in RCA No.43/2025 of the Rent Control Appellate Authority, Thalassery. The findings regarding the landlord- tenant relationship recorded by the Rent Control Court and affirmed by the Appellate Authority are only prima facie in nature and shall not prejudice the issue to be finally adjudicated in the proceedings under Section 11 of the Kerala Building (Lease and Rent Control) Act. However, the said issue shall be decided, provided the present petitioner pays the entire arrears as determined by the Rent Control Court within two weeks from today, failing which, the defence of the petitioner shall be struck off under Section 12(3) of the Kerala Building (Lease and Rent Control) Act.

3. We further make it clear that any future default during the pendency of the said proceedings, based on the findings of the Rent Control Court, shall entitle the landlord to seek striking off the defence and to pray for eviction on that ground.

4. The RC Rev. is accordingly disposed of.

Sd/-